NEW INDIA INSURANCE CO. LTD Vs. KAUSHILYA BAI

JUDGEMENT

(1.) The Insurance Company has preferred an appeal against the award dtd. 7/2/2019 passed by the learned Commissioner for Employee Compensation Act Cum Labour Court Janjgir Champa (in Short as Commissioner) passed in Case No. 17/E.C.A./COC 1B/17(F), by which the learned Commissioner has directed the Insurance Company to pay compensation to the claimants to tune of Rs.6,80,867.00, if the compensation is not paid within 60 days then the insurance company is liable to pay interest @ 12% per annum till the actual payment is made.

(2.) This appeal has been admitted by this Court on 3/8/2021 on the following question of law:-

(3.) Brief facts as reflected from the record are that the claimant No.1 is widow of deceased Rajukumar Sahu, claimant No. 2 Ku. Dipika is the daughter of deceased and Claimants No. 3 and 4 namely Chhattu Lal Sahu and Khel Bai are the father and mother of the deceased. The claimants have filed an application under Sec. 22 of the Employee Compensation Act before the Commissioner mainly contending that the deceased was the driver of the vehicle bearing registration No. CG-11 F 8577, On 25/6/2016 the deceased has taken the vehicle with him where he was murdered. It has also been contended that the deceased was working as driver with respondent No.1 for the last one year and at the time of death the deceased was 30 years only and he was earning Rs.14,000.00 per month. The vehicle was insured with the appellant at the time of accident. The amount of compensation has not been deposited by the Insurance Company or the employer, therefore, the claimants have filed the application for compensation. It is further contended that the deceased father has lodged the missing report No. 31/2016 before the police Station Janjgir. It was brought to the notice of the claimants that the vehicle was looted by some unknown person on 25/6/2016 and has murdered the driver and thereafter they threw away the dead body of the deceased near Heerakund Dam, Orissa. On the basis of missing report, Crime No. 28 of 2017, for commission of offence under Ss. 364, 302,201(B), 404, 34 IPC was registered against Alok Jaiswal and others. Since the deceased was murdered during course of employment, therefore, the claimants are entitled to get compensation to the tune of Rs.12,00,000.00 with 15% interest. It has also been contended that the deceased was getting Rs.15,000.00per month with allowance of Rs.150.00 per day.